Part 4 of series examining proposed changes to Victoria’s Domestic Animals Act.
Victoria has strict regulations for the ownership of Restricted Breed Dogs (aka. Pit Bulls). Owners are required to notify their council, build an enclosure, keep their dogs muzzled and on a lead when off their property and display prescribed warning signs at all entrances to the premises where the dog is kept. Restricted breed dogs born after 2005 are not allowed to be registered and it’s illegal to purchase a restricted breed dog.
Click on the pictures below to find the Pit Bull.
“The determination of whether a dog is of a particular breed can be quite difficult. There is, on the evidence before me, no satisfactory scientific method such as DNA analysis which provides a reliable answer. The word “breed” itself has to be applied carefully. To determine whether a dog is of a particular breed is, of course, a question of fact.”
To avoid costly court challenges over the validity of visual breed identifications, the Bill deems the actual breed of the dog irrelevant.
“The Bill provides for a standard to be prescribed to assist with the identification of a dog as one of the restricted breed dogs. If a dog fits within the standard it will be included in the definition of a restricted breed dog whether or not the dog is a cross breed.”
– Domestic Animals Amendment (Dangerous Dogs) Bill 2010 : Second Reading Speech
A dog of any breed, even a pedigree, could potentially fall within the prescribed standard for Pit Bulls. A Department of Primary Industries spokesperson confirmed that the prescribed standard for Pit Bulls does not exist. He stated that the DPI would create one after the Bill is enacted. It’s been reported that the DPI have used variations of Debra Pomeroy’s discredited ‘22 Point Checklist‘ in the past.
Breed Specific Legislation has been tried around the world and has failed to reduce the incidence of dog bites. Experts are calling for a rethink on dangerous dogs with a focus on “deed not breed”.
“We know that a dog’s tendency to bite is the product of at least five factors: the dog’s genetic predisposition to aggression; early socialisation to humans; its training or mistraining; the quality of its care and supervision; and the behaviour of the victim. Genetics is only one of these factors. In the wrong circumstances, any dog, regardless of size, breed or mixture of breeds can be dangerous. The RSPCA believes that deeming a dog as “dangerous” should therefore be done on the basis of its behaviour, not its breed.”
The Scottish Parliament recently passed a Bill that shifted the emphasis from ‘breed’ to ‘deed’.
“It is clear that a dog’s breed is only one factor which may affect its behaviour. Attempting to define the law purely in relation to breed has failed to protect the public. This view is supported by several leading organisations concerned with the welfare of dogs, including the Kennel Club, Advocates for Animals, the Dogs Trust and the Scottish Society for the Prevention of Cruelty Problems with existing legislation to Animals. The widely accepted view is that the way a dog is trained and treated is far more important in determining its behaviour than its breed is.”
The definition of Restricted Breed should not be extended to include dogs of any breed who happen to look like someone’s idea of a Pit Bull. Responsible owners of well behaved dogs should not have to worry that their dog might be declared a restricted dog simply because of the way it looks.
Perhaps it’s time to stop pandering to media generated hysteria over Pit Bulls and accept that BSL is an overly simplistic response to the problem of dog bites and that our efforts would be better spent on other approaches.
About the Author: Mike Bailey is the founder of Goodfordogs.org and creator of the Australian Animal Shelter Map which provides much needed exposure for dogs and cats waiting in shelters for a new home.
